People v. Talibdeen CA2/5

Filed 6/11/14 P. v. Talibdeen CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B247960

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA122982) v.

NAASIR ALI TALIBDEEN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Patrick Connolly, Judge. Affirmed. Lynette Gladd Moore, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Appellant Naasir Ali Talibdeen pled no contest to one count of first degree commercial burglary in violation of Penal Code1 section 459 and admitted he had suffered a prior serious or violent felony conviction within the meaning of sections 667 and 1170.12. Pursuant to a plea agreement, two other burglary counts were dismissed, and appellant was sentenced to six years in state prison. The court awarded appellant 670 days of presentence custody credit. Appellant appeals from the judgment of conviction. We affirm the judgment of conviction.

Facts and Procedural Background Appellant was charged with three counts of second degree burglary of a commercial building, one committed on April 10, 2012 and the other two on April 20, 2012. The April 10 burglary was of a Baskin Robbins store. Edible Arrangements and Goodwill Industries were burglarized on April 20. In all three cases, the burglar threw a rock through a glass window or door, opened the business’s cash register and took any money inside.2 All three burglaries were captured by surveillance cameras. Appellant represented himself in the trial court. He made numerous motions, including statutory and non-statutory motions to set aside the information, a motion to recuse Judge Cheroske, a motion to suppress evidence uncovered in a search of his residence and motions to exclude evidence. Appellant entered into a plea agreement on the date set for trial. He pled no contest to the count 1 burglary charge involving Edible Arrangements.